So what`s going on? The other party has 21 days after notification of the referral order, timely authorization or opposition to the Provisional FVRO. If the respondent agrees (or does nothing within 21 days of the notification date), the provisional FVRO becomes the final FVRO. If the other party raises objections, the Court sets a hearing date. Since orders between individuals must be limited, this is a civil order. Therefore, restrictive orders are not reported on a review of the history of the sentence. Violation of a referral order is a criminal offence, therefore, if the respondent violates an injunction and is convicted, that conviction may indicate the respondent`s history. An OAC is not a criminal charge. The notification of the order does not relate to the respondent`s criminal record. In 2017, the Western Australian Parliament passed legislation that saw major changes in the way victims of domestic violence are protected.
Previously, in Western Australia, there were only two categories of blocking orders, which were “Misconduct Restraining Orders, MROs”). and Violence Control Orders (VROs). The amendment introduced a third category of restraining orders called Domestic Violence Restriction Orders (FVRAs). Since the advent of FVROs, VROs can no longer be done against family members, but only against a person with whom one is not related. Perpetrators of domestic violence who file an FVRO application against them may enter into a driving agreement as an alternative to an FVRO application, by mutual agreement and without admission. A behaviour agreement is an enforceable agreement whose violation has consequences for the culprits. In Western Australia, there are two types of restrain orders under the Restraining Orders Act 1997. This is a referral order issued by the magistrate`s court or the children`s court, whererly a referral order is made until a final oral hearing (trial) can take place. The respondent has 21 days to oppose the appointment.
If the respondent does not object, the order may be finally issued for a period of two years. Violation of an injunction is punishable and may result in fines or custodial sentences.